John Nicholas (January 19, 1764December 31, 1819) was an American lawyer, farmer, and politician from

Williamsburg, Virginia Williamsburg is an independent city in the Commonwealth of Virginia. As of the 2020 census, it had a population of 15,425. Located on the Virginia Peninsula, Williamsburg is in the northern part of the Hampton Roads metropolitan area. It is ...

. He represented

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

in the

U.S. House The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

from 1793 to 1801. In 1798, before the enactment of the Sedition Act, which made it a crime to publish "false, scandalous, and malicious writing" against the government or its officials, Nicholas declared the proposed Act to be unconstitutional. The Act was inconsistent with the freedom of speech protected by the

First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...

, Nicholas said, because the press could be punished for publishing true statements if it were not possible to prove the truth of the statements, which is often the case. In 1799, when Republicans in the House proposed to repeal the Sedition Act, a party line vote resulted in the rejection of the proposal. Nicholas wrote a minority report describing the policy goal of the Act as being related to Great Britain's form of government: "The King is hereditary, and according to the theory of their Government, can do no wrong. Public officers are his representatives, and derive some portion of his inviolability." Nicholas distinguished this form of deferential respect for public officers to the level of respect owed to their American counterparts, who serve the people and can be removed from office during elections. In 1803 Nicholas moved to

Geneva, New York Geneva is a city in Ontario and Seneca counties in the U.S. state of New York. It is at the northern end of Seneca Lake; all land portions of the city are within Ontario County; the water portions are in Seneca County. The population was 13, ...

and started a farm. From 1806 until 1809 he served in the New York State Senate. He died at home, and is buried in the Glenwood Cemetery in Geneva. State Senator Robert C. Nicholas (1801–1854) was his son.

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* {{DEFAULTSORT:Nicholas, John 1764 births 1819 deaths New York (state) state senators Virginia lawyers John Nicholas Democratic-Republican Party members of the United States House of Representatives from Virginia New York (state) Democratic-Republicans Politicians from Williamsburg, Virginia Politicians from Geneva, New York 18th-century American lawyers 18th-century American politicians 19th-century American politicians Burials in New York (state)